Prosecution Insights
Last updated: August 16, 2026
Application No. 18/644,631

ENCODING METHOD AND DECODING METHOD, AND DEVICE USING SAME

Non-Final OA §101§103
Filed
Apr 24, 2024
Priority
Apr 16, 2012 — RE 10-2012-0039444 +6 more
Examiner
HESS, MICHAEL J
Art Unit
2481
Tech Center
2400 — Computer Networks
Assignee
Kyung Hee University Industry Cooperation Group
OA Round
3 (Non-Final)
43%
Grant Probability
Moderate
3-4
OA Rounds
1y 4m
Est. Remaining
50%
With Interview

Examiner Intelligence

Grants 43% of resolved cases
43%
Career Allowance Rate
185 granted / 429 resolved
-14.9% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
50 currently pending
Career history
491
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
57.4%
+17.4% vs TC avg
§102
12.2%
-27.8% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 429 resolved cases

Office Action

§101 §103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/12/2026 has been entered. Response to Arguments The amendment to claim 3 overcomes the rejections under 35 U.S.C. 101 and 35 U.S.C. 102. Remarks, 5. On pages 7–9 of the Remarks, Applicant contends the prior art is deficient for failing to teach or suggest the features added by way of amendment. Examiner finds the arguments moot in view of the new grounds of rejection necessitated by amendment. Specifically, with respect to the newly added subject matter regarding an 8x8 current block being partitioned into 4x4 transform blocks, the rejection now additionally relies on the teachings of Kim. Kim teaches an 8x8 macroblock having four 4x4 transform blocks associated therewith such that the skilled artisan already had in his possession this knowledge. Because Kim evidences that those partitioning modes were already known to the skilled artisan at the time the skilled artisan would have been considering the contributions of Zheng, Saxena, Ye, and Chen, it would have been obvious to handle non-directional prediction modes and non-directional scanning order (i.e. zig-zag scanning order) consistent with such block partitioning schemes. Therefore, Applicant’s averred feature is nonpatentable as obvious under 35 U.S.C. 103. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1–3 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2012/0163455 A1), Saxena et al., “CE7: Mode-dependent DCT/DST for intra prediction in video coding,” JCTVC-D033, 4th Meeting: Daegu, KR, January 2011 (herein “Saxena”), Ye et al., “Improved H.264 Intra Coding Based on Bi-Directional Intra Prediction, Directional Transform, and Adaptive Coefficient Scanning”, 15th IEEE International Conference on Image Processing, ICIP 2008, Oct. 2008 (herein “Ye”), Chen (US 2012/0170649 A1), and Kim (US 2012/0163469 A1). Regarding claim 1, the combination of Zheng, Saxena, Ye, Chen, and Kim teaches or suggests a method for decoding a video signal, comprising: deriving an intra prediction mode of a current block; determining whether a size of transform block is 4x4 (Kim, ¶‌ 0077: teaches 4x4 transform block sizes were a known option in the art wherein a current 8x8 macroblock could be partitioned into four 4x4 transform blocks); determining a transform type of the current block based on the intra prediction mode of the current block (Saxena, Introduction and Table 1: teaches determining a transform type based on the intra prediction mode; Ye, Section 2.2: teaches determining transform type based on intra prediction mode); determining a scan type of the transform coefficients of the current block to be a zigzag scan, or a vertical scan, or a horizontal scan (Ye, Section 2.2: teaches determining scan direction based on intra prediction mode wherein vertical prediction (respectively horizontal) gets a horizontal (respectively vertical) scan direction; Ye does not restrict the universe of possibilities to zigzag, vertical, and horizontal and instead teaches an adaptive scan based on statistics; Zheng teaches a simplification wherein the scan types are just three; Zheng, ¶ 0078 and Figs. 6, 9, and 10: teaches scanning types of horizontal, vertical, or zigzag determined according to intra-prediction direction wherein vertical prediction (respectively horizontal) gets a horizontal (respectively vertical) scan direction); deriving the transform coefficients of the current block based on the scan type of the current block (Zheng, ¶¶ 0005 and 0008: teaches transform coefficients are scanned into a one-dimensional array); and performing an inverse-transform on the transform coefficients based on the transform type of the current block (Zheng, ¶ 0035: teaches the decoder performs the inverse processes of the encoder as a reciprocal process to decode the encoded data; Zheng, ¶ 0065: teaches inverse transforming to undo the transformation at the encoder), wherein the scan type of the transform coefficients of the current block of which the intra prediction mode is one of a first plurality of intra prediction modes including the horizontal mode, is determined as the vertical scan, wherein the scan type of the transform coefficients of the current block of which the intra prediction mode is one of a second plurality of intra prediction modes including the vertical mode, is determined as the horizontal scan, and wherein the scan type of the transform coefficients of the current block of which the intra prediction mode is other than the first plurality of intra prediction modes and the second plurality of intra prediction modes, is determined as the zigzag scan (Zheng, ¶ 0078 and Figs. 6, 9, and 10: teaches scanning types of horizontal, vertical, or zigzag determined according to intra-prediction direction wherein vertical prediction (respectively horizontal) gets a horizontal (respectively vertical) scan direction), wherein intra prediction modes, which are other than the first plurality of intra prediction modes and the second plurality of intra prediction modes, further comprise non-directional intra prediction modes (Chen, Fig. 1 and ¶ 0036: teaches there are 33 intra prediction directional modes plus DC mode and planar mode; Chen, ¶ 0054: teaches horizontal or vertical or diagonal or zigzag scanning based on transform modes; This teaching, combined with Zheng’s teaching that directional intra prediction modes can dictate scan direction or zigzag scan teaches or suggests as obvious non-directional modes getting a default zigzag scan due to their lack of directionality; see also Coban and Hsiun, cited under the Conclusion Section of this Office Action, explaining what the skilled artisan already knows regarding zig zag being the default scan order), and wherein in case the size of the transform block is 4x4 and a size of the current block is 8x8, the scan type of the transform coefficients is determined in unit of 4x4 sub-block (Kim, ¶‌ 0077: teaches 4x4 transform block sizes were a known option in the art wherein a current 8x8 macroblock could be partitioned into four 4x4 transform blocks). One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Saxena, Zheng, and Ye because all three references are drawn to the same field of endeavor and because combining Saxena’s mode-dependent transform with Zheng’s mode-dependent scanning was known to achieve better results along the intra-prediction directions as taught by Ye’s teaching that even after separable 1-D directional transforms there is still some directionality present in the data after directional intra-prediction that can be further exploited for further compression gains (Ye, Section 2.2.2). Therefore, the combination is a mere combination of prior art elements, according to known methods, to yield a predictable result. This rationale applies to all combinations of Saxena, Zheng, and Ye used in this Office Action unless otherwise noted. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Saxena, Zheng, and Ye, with those of Chen, because all four references are drawn to the same field of endeavor such that one wishing to practice mode-dependent coding tools would be led to their relevant teachings and because Chen’s disclosure of prior art HEVC directional and non-directional intra prediction modes evidences how the skilled artisan would interpret Saxena’s and Zheng’s use of intra-mode dependency based on directionality to require the handling of non-directional modes to inform their use of the mode-dependent coding tools. Therefore, combining Chen’s description of the HEVC directional and non-directional intra prediction modes with other prior art describing the directionality of intra prediction modes is a mere combination of prior art elements, according to known methods, to yield a predictable result. This rationale applies to all combinations of Saxena, Zheng, Ye, and Chen used in this Office Action unless otherwise noted. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Saxena, Zheng, Ye, and Chen, with those of Kim, because all five references are drawn to the same field of endeavor such that one wishing to practice mode-dependent coding tools would be led to their relevant teachings and because Kim’s disclosure of prior art transform sizes evidences the skilled artisan already had in their possession the knowledge of transform unit sizes being 4x4 (Kim, ¶ 0077) along with mode dependent directional transform and mode dependent scanning order (Kim, ¶ 0069). Therefore, combining Kim’s description of 4x4 transform blocks (¶ 0077), given Kim’s description of mode dependent directional transform and mode dependent scanning order, would have led the skilled artisan to combine Kim’s teachings with those of the other prior art drawn to describing the directionality of intra prediction modes such that the combination is a mere combination of prior art elements, according to known methods, to yield a predictable result. This rationale applies to all combinations of Saxena, Zheng, Ye, Chen, and Kim used in this Office Action unless otherwise noted. Claim 2 lists the same elements as claim 1, but is drawn to the corresponding encoding method rather than the decoding method. Because the skilled artisan understands the description of the algorithm at either encoder or decoder necessarily teaches the reciprocal process at the other side, the rationale for the rejection of claim 1 applies to the instant claim. Claim 3 lists the same elements as claim 1, but is drawn to a method for transmitting a bitstream rather than the method for decoding a bitstream. Therefore, the rationale for the rejection of claim 1 applies to the instant claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yeo (US 2013/0343454 A1) teaches a horizontal intra-prediction mode gets a vertical scanning pattern (e.g. ¶‌ 0090 and Figs. 9 and 10). Kim (US 2012/0163469 A1) teaches mode dependent directional transform and mode dependent scanning order (¶ 0069). Seregin (US 2013/0301705 A1) teaches determining the scan direction of the chroma component to match the scan direction of the luma component when the intra-prediction direction of the chroma and luma components match. When they don’t match, then the chroma scan direction is one of zigzag, horizontal, or vertical based on intra prediction mode (¶ 0019). Ye et al., “Improved H.264 Intra Coding Based on Bi-Directional Intra Prediction, Directional Transform, and Adaptive Coefficient Scanning”, 15th IEEE International Conference on Image Processing, ICIP 2008, Oct. 2008, 4 pp. Section 2 describes intra-mode dependent directional transforms and intra-mode dependent coefficient scanning wherein a vertical intra prediction mode gets a horizontal scan and vice versa. Park (US 2014/0126643 A1) teaches scanning direction based on block size and intra prediction mode (¶ 0047). Yeo et al., “CE7: Mode-Dependent Transforms for Block-based Intra Coding from Institute for Infocomm Research,” JCTVC-D046, 4th Meeting: Daegu, KR, January 2011. Notice teachings by the same author at the same meeting mode-dependent transforms and mode-dependent scanning. Yeo et al., “Mode-Dependent Coefficient Scanning for Intra Prediction Residual Coding,” JCTVC-D049, 4th Meeting: Daegu, KR, January 2011. Notice teachings by the same author at the same meeting mode-dependent transforms and mode-dependent scanning. Coban (US 2012/0099646 A1) teaches zig-zag scan order is the default (¶¶ 0050 and 0142). Hsiun (US 2003/0235251 A1) teaches the default scanning order is zig-zag, but that horizontal or vertical scans can be signaled instead (page 6, Table 1 and Figs. 10–14). Jeon (US 2013/0336591 A1) teaches non-directional DC and planar modes (e.g. ¶ 0007) and zigzag, horizontal, or vertical scanning (e.g. ¶ 0057). Nguyen (US 2013/0188724 A1) teaches common transform unit sizes include 4x4 transform blocks wherein a macroblock or coding unit can be segmented into smaller 4x4 transform units (¶ 0040). Lou (US 2012/0207222 A1) teaches coding units, e.g. prediction units of size 8x8 can be segmented into 4x4 transform units for purposes of transform and is sometimes referred to as residual quad tree (RQT) (¶ 0032 and Fig. 5A). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael J Hess whose telephone number is (571)270-7933. The examiner can normally be reached on Mon - Fri 9:00am-5:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached on (571)272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. MICHAEL J. HESS Primary Examiner Art Unit 2481 /MICHAEL J HESS/Primary Examiner, Art Unit 2481
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Prosecution Timeline

Apr 24, 2024
Application Filed
Jul 28, 2025
Non-Final Rejection mailed — §101, §103
Oct 24, 2025
Response Filed
Jan 12, 2026
Final Rejection mailed — §101, §103
Mar 12, 2026
Response after Non-Final Action
Apr 11, 2026
Request for Continued Examination
Apr 20, 2026
Response after Non-Final Action
Jul 14, 2026
Non-Final Rejection mailed — §101, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
43%
Grant Probability
50%
With Interview (+6.6%)
3y 7m (~1y 4m remaining)
Median Time to Grant
High
PTA Risk
Based on 429 resolved cases by this examiner. Grant probability derived from career allowance rate.

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